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IL HB2390

SCH CD-SPECIAL ED JT AGREEMENT


summary

Introduced
01/31/2025
In Committee
05/07/2025
Crossed Over
04/10/2025
Passed
Dead

Introduced Session

Potential new amendment
104th General Assembly

Bill Summary

Amends the School Code. In provisions concerning special education joint agreements, provides that, for any member district entering into, amending, renewing, or withdrawing from a joint agreement after the effective date of the amendatory Act, (i) for a member district withdrawing from a joint agreement, the member district's school board shall hold a public hearing on the member district's intent to withdraw at least 18 months before the member district's proposed withdrawal date and a written notice of the member district's intent to withdraw and the details of the public hearing shall be sent to the other member districts of the joint agreement no less than 10 days before the public hearing; (ii) a member district that intends to withdraw from a joint agreement shall adopt a comprehensive plan in accordance with certain provisions and submit the plan to the member district's regional office of education or intermediate service center, whichever is applicable; (iii) upon the receipt of a member district's comprehensive plan, the regional superintendent of schools or the executive director of the intermediate service center, whichever is applicable, shall ensure certain criteria are met and shall notify the State Board of Education and the other member districts of the joint agreement of his or her approval of the member district's withdrawal; (iv) a joint agreement shall include provisions for the dissolution of assets in the event the joint agreement is dissolved and provisions for the distribution of assets in the event a member district withdraws from the joint agreement; and (v) a joint agreement shall include a requirement for an annual presentation of the joint agreement's fiscal year budget and the calculation of member and usage fees to all member districts.

AI Summary

This bill amends the School Code to establish new requirements for special education joint agreements, specifically focusing on the process for districts withdrawing from such agreements. The bill mandates that a member district intending to withdraw must hold a public hearing at least 18 months before the proposed withdrawal date and provide written notice to other member districts at least 10 days prior to the hearing. The withdrawing district must develop and submit a comprehensive plan to its regional office of education or intermediate service center, detailing how it will provide special education services. The regional superintendent or executive director must then verify that all required criteria have been met, including proper notification, public hearing, school board resolution, and a comprehensive plan. Additionally, the bill requires joint agreements to include provisions for asset dissolution and distribution, and mandates an annual presentation of the joint agreement's fiscal year budget and fee calculations to all member districts. The withdrawing district must waive claims to most assets and pay its proportional share of any pre-withdrawal debts or liabilities within 12 months of withdrawal. These provisions aim to ensure a transparent, well-planned, and financially responsible process for districts entering, amending, or leaving special education joint agreements.

Committee Categories

Education

Sponsors (5)

Last Action

Senate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Education Policy Committee; 011-000-000 (on 05/29/2025)

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